Vicary v State of Queensland

Vicary brought an application to extend the limitation period in relation to a personal injury claim against the State of Queensland. The dispute arose from treatment Vicary received at a hospital, and the limitation period for bringing the claim had expired. Vicary sought an extension of the limitation period under the Limitation of Actions Act 1974 and an extension of time to obtain a specialist report under the Personal Injuries Proceedings Act 2002. The court was required to determine whether Vicary was aware of facts of decisive character that would have prompted an earlier action, whether the court had the power to extend the time for obtaining the specialist report, and whether the State of Queensland would suffer presumptive prejudice if the extension was granted.

The court found that Vicary was not aware of the facts of decisive character due to his ill-health and financial difficulties. The court also found that the report was a material fact of decisive character, and that the State of Queensland was not presumptively prejudiced by the delay. The court had the power to extend the time for obtaining the report under the Uniform Civil Procedure Rules 1999. The court exercised its discretion to extend the limitation period and relieve Vicary of the consequences of non-compliance with the condition of the order made on 4 September 2007.

The orders of the court were that the limitation period be extended under s 31 of the Limitation of Actions Act 1974 so that it expires on 19 June 2009. The applicant is relieved of the consequences of non-compliance with the condition of the order made on 4 September 2007.